We help companies protect data, comply with evolving regulations, and respond to investigations and litigation.

Globally connected lawyers counseling clients on complex business and policy matters.

With offices in the United States and Europe, WilmerHale has one of the world’s premier aviation practices.

WilmerHale has substantive experience in legal issues related to the distribution of aviation services and products. We have particular experience with electronic distribution and electronic commerce issues, having helped clients found online distribution networks and business-to-business exchanges. Some projects include:

• Merger of global distribution systems. We have provided US and European antitrust and regulatory advice regarding the proposed merger of two of the four leading global distribution systems.
• Creation of CRS systems. On behalf of several major airlines, we developed the legal framework for Europe’s largest computer reservations system (CRS). Apart from a variety of corporate, tax and regulatory matters, the work included negotiation of agreements with hardware and software suppliers and CRS participants and advice on regulatory and strategic matters in Europe and the United States.
• Regulation of CRS practices. We have represented some of the world’s largest airlines in administrative proceedings convened to determine how CRS and internet travel distribution practices should be regulated in the United States and Europe.
• Internet distribution. We have provided advice on the creation of a website sponsored by a number of the world’s leading airlines for passenger ticket sales to the public, as well as technology contracts for a discount ticket sales website.
• Creation of a B2B platform. We advised one of the world’s leading cargo carriers in the creation of a B2B platform for international air cargo shipments and in the subsequent merger clearance process before the European Commission.
• Online electronic marketplace. We represented a European commercial holding company and a cargo carrier on their investment in and strategic partnership with an online electronic marketplace for trading cargo capacity.
• Common IT systems platform. We advised members of a leading airline alliance concerning their joint investment in the development of a common IT systems platform.

We counsel international and domestic airlines, airports, and other aviation businesses on a wide range of economic, safety and other aviation-specific regulations, and on compliance with competition laws in the United States and the European Union. We represent parties before regulators in the United States and Europe in rulemaking, licensing, certification and enforcement proceedings. The team has broad experience in:

• Licensing and certification proceedings. We handle licensing and certification matters before the US Department of Transportation (DOT) and Federal Aviation Administration (FAA) for established and new entrant airlines. We have advised US and foreign air carriers regarding the “open skies” air service agreement between the United States and the European Union and assisted clients in applying to the DOT for additional and streamlined operating authority available under that agreement.
• International route proceedings. We routinely represent airlines as well as other interested parties in international route allocation proceedings. We have successfully represented major US carriers in obtaining highly sought after authority to serve important international destinations, including China and Mexico, in contested proceedings before the DOT.
• Enforcement proceedings. We represent airlines, shippers and indirect air carriers in enforcement proceedings before the DOT and FAA. We have successfully defended a broad range of aviation enterprises in proceedings involving allegations of unfair competition, the use of unfair and deceptive advertising practices, and violations of agency rules and regulations, including hazardous materials regulations and safety and security regulations.
• Rulemakings. We routinely represent interested parties in administrative rulemaking proceedings.
• US International Air Transportation Fair Competitive Practice Act (IATFCPA). We have represented complainants in proceedings under the IATFCPA charging foreign airlines with unfair competitive practice, and we have defended non-US airlines in such proceedings.
• Antitrust immunity for airline cooperation. We have secured approval of numerous applications for antitrust immunity before the DOT, including significant dealings with the US Department of Justice, and the European Commission to facilitate airline alliances.
• Slot proceedings. We have represented a major US carrier in successfully obtaining highly sought-after exemption slots at Washington DC’s Ronald Reagan Washington National Airport in a contested proceeding before the DOT.
• Aviation safety and security matters. We have counseled airlines, airports and indirect cargo carriers on a wide range of aviation safety and security matters.
• Airport regulations. We have counseled clients with respect to airport privatizations, user fees and charges, airspace reclassifications, and revenue diversion matters. We have also advised airport users on matters including environmental liability issues and often-complex legal and regulatory issues relating to federal grant–funding programs for US airport operators.
• Foreign investment in US carriers. We have advised foreign investors, US airlines, investment banks, venture capital and private equity funds on US regulatory requirements associated with investments in US airlines, including regulations limiting foreign ownership and control over US carriers.
• Air traffic control (ATC). We have advised a number of European governmental and multilateral institutions in their efforts to reform ATC systems. For example, we advised the European Bank for Reconstruction and Development on the modernization and reorganization of the Russian air traffic management system. We also completed a comprehensive study for the European Commission on European air space management and design. The recommendations of the study laid the ground for and are reflected in the new EU regulatory framework for the creation of a single European sky.
• Regulation of aircraft repair services. We represented a foreign carrier’s repair station with respect to changes in FAA regulations governing repair of US-registered aircraft and the effect of such changes on the US legal status of particular repair work.

We represent airlines, airline alliances and airport operators in litigation and other types of dispute resolution. Some examples are:

• Appeal of passenger rights legislation. We successfully represented a US airline trade group in appealing a New York statute requiring airlines experiencing extended pre-departure ground delays to provide passengers with specified amenities. The appellate court agreed with our argument that federal law preempts state laws relating to the service of any air carrier.
• Appeal of Federal Aviation Administration (FAA) rule to establish slot auctions. We represented a US airline trade group in an appeal challenging a rule finalized by the FAA to conduct an auction of slot leases at New York–area airports.
• Skycap class action suit. We represented a US airline in a class action brought by a group of skycaps alleging that the fee revenue generated by the airline’s passenger fee for curbside baggage check-in services is payable to them under common-law principles and a Massachusetts state law governing tips for personal services.
• Los Angeles International Airport rates and charges dispute. We represented a US airline in a US Department of Transportation (DOT) adjudicatory proceeding in which a number of major airlines successfully challenged the rates and charges imposed by the city of Los Angeles for the use of Los Angeles International Airport. DOT’s final order in the proceeding is now under review in the US Court of Appeals for the District of Columbia Circuit.
• Air cargo rate investigation. We represented two major international airlines in connection with industry-wide investigations by antitrust/competition authorities in the US, Europe and elsewhere relating to the imposition of fuel and other surcharges on air cargo rates. We also represented the same airlines and their affiliates in related class action litigation with respect to passenger fares and cargo rates in the United States.
• Antitrust class action suit. We achieved an innovative and cost-effective settlement—opposed by the US Department of Justice—in a certified antitrust class action brought by a nationwide class of travel agents against the major airlines in which plaintiffs sought over $50 billion in damages.
• Overflight fee litigation. We represented a major foreign carrier in a series of court actions successfully challenging FAA regulations imposing fees on flights that "overfly" US controlled airspace without taking off or landing in the United States.
• September 11 compensation litigation. We represented a US cargo carrier in litigation challenging the methodology used by the DOT to determine the amount of compensation a carrier may receive for losses incurred as a result of the September 11 terrorist attacks.
• Predatory pricing litigation. We represented a leading international airline in litigation before a Court of Appeals concerning predatory pricing allegations, including the negotiation of a settlement with the competent authority.
• Landing fee litigation. We represented a number of airlines in several landmark litigations before a Court of Appeals and a regional court concerning landing fees at an international airport in Germany.
• Dispute on use of airspace. We represented an international hub airport before the European Commission and the German courts, including the German Supreme Court for administrative matters, in a dispute on the use of the airspace of a European country for approaches to and departures from a neighboring country's largest airport, including advice on negotiations on a bilateral treaty and on strategic options.